Yes, for a broader and stronger protection in India, we recommend registering your trademark in local characters.

If the trademark is registered only in its original version (Latin characters), the protection does not always properly protect its equivalent in the local language. This means that a third party could use or register the same trademark (or a similar one) in local characters.

In additional to the legal benefits, the registration and use of the trademark in local characters can also have commercial benefits. The public in India will recognize your brand more easily if they are able to read and correctly pronounce the mark.

Registering your trademark in its original version, as well as local transliteration/translation, will provide a greater protection from any possible infringements.

Is there a time frame for the trademark registration approval?

The average time frame for the registration approval is 24 months, if no objections or oppositions arise.

If I register my trademark in India, do I have protection in other territories?

No. The registered mark is protected only in India.

Do I need to sign a Power of Attorney?

A power of attorney is a required to complete the application procedure.

Are there any benefits from a pre-filing use of the trademark?

It may demonstrate the acquired distinctiveness of the mark and help overcome an opposition to the application on the grounds of non-distinctiveness.

Pre-filing use of the mark is advantageous. The first person to use a mark obtains the ownership to such mark, even if other parties subsequently register it.

Will there be problems in case I don’t use my trademark after registration?

Yes, attack on the ground of non-use is available.

What are the types of trademark that can be registered in India?

words

names (note: personal names are not allowed)

devices

certain three-dimensional shapes

colours (acquired distinctiveness must be proved)

slogans

sounds

trade dress/get-up

holograms

collective marks

certification marks

well-known marks

service marks

What are the phases of application after a trademark has been filed in India?

The order of the application process is as follows

Examination – The trademark is examined in respect of:

Formalities

Classification

Clarity

Descriptiveness

Distinctiveness

Deceptiveness

Conflict with prior registration

Religious susceptibilities

Publication – Details about the application are posted online:

Mark

Name of applicant

Address of applicant

State or country of incorporation of applicant

Application number

Application date

Goods/services

Priority claim information

Dates of first use

Representation of trademark

Registration – Official registration is granted once the application is able to pass the first and second phases and once all oppositions are overcome.

What type of trademark is not registrable?

marks contrary to moral standards or public order

generic terms

names, flags or symbols of states, nations, regions, or of international organizations

marks without acquired distinctiveness

marks that function principally as surnames

marks that function principally as geographic location names

Does India use the "Nice Classification" system?

Yes, the Nice Classification System is effective in India.

Does the Community Trademark apply for India?

The European Union Trade Mark registration (formerly the Community Trade Mark registration) is not effective in India.

Is there any possibility to claim priority in India?

Yes, if the following conditions are satisfied:

If an applicant's home country is a signatory to the Paris Convention

If the applicant’s home application was filed within the fixed period of six months preceding the application in this jurisdiction

Registration based on the Madrid Protocol also enables an applicant to claim priority

What do I need to do to satisfy the use requirement?

A trademark must be used within five years and three months from the "sealing date."

Once my trademark has been registered, for how many years will be valid?

The initial term of a registration is 10 years which is calculated from the application date.

What will be the renewal date of my trademark?

The first renewal date of a registration is 10 years from the application filing date.

Is it legal to use my trademark even if it is not yet registered?

Yes, it is legal. You may use an unregistered mark for any goods or services.

How many applications should I file?

The answer to this question depends on the characteristics of your mark, your budget and the scope of protection that you would like to have in India.

If your trademark contains distinctive verbal elements (text) as well as design elements (graphics or logos) and you wish both to be protected,our recommendation is to file two trademark applications; one to protect just the verbal elements (the application will be filed as “Word Mark”) and another to protect just the design elements (the application will be filed as “Combined Mark”).

In this case, proceeding with two trademark applications has the following advantages:

Broader and stronger protection. If a third party files a “Combined Mark” with very similar text to yours but different design, their “Combined Mark” could be accepted for registration if you only filed a “Combined Mark” and not a “Word Mark,” because in its entirety the third party’s mark is still considered different from yours.

You will be protected if your logo evolves. It is common for companies to change the design of their logo with time. If you file a “Combined Mark” and not a “Word Mark,” your new logo will not be protected. You must use your trademark exactly as registered; if you don’t, your trademark may be subject to cancellation.

Effective verbal and graphics protection. Filing a “Word Mark” application provides greater flexibility to use your mark in different ways, whether it is presenting it in stylized text or presenting it with different designs (as long as they are not too similar to registered trademarks that belong to third parties). At the same time, filing a “Combined Mark” allows you to protect the design elements of your mark.

If your trademark also contains a slogan or a distinctive design symbol, we suggest you file a specific application for each, as this will give you additional protection.